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Badger Wind siting filing will require PSC public hearing after FAA limits ADLS use
Summary
Staff said Badger Wind’s filing for a waiver on light-mitigation technology for nine turbines near an airport will require a public hearing; staff will schedule a hearing in Bismarck and coordinate dates with the company and witnesses.
Public Service Commissioners staff told the commission that a Badger Wind siting application seeking a waiver from a lighting requirement will require a public hearing because the Federal Aviation Administration has restricted use of an Aircraft Detection Lighting System on turbines near the airport.
Rob, a staff member, said the filing involves nine turbines near the airport for which the FAA "has recommended or has said that you can't put the ADLS on it." Under current practice and statutory timelines, staff concluded a public hearing is required before Aug. 1 and said the commission will notice the hearing in Bismarck.
Rob said the hearing will likely take about a half day and that, going forward, similar filings may be handled informally after Aug. 1. He recommended staff coordinate available dates with the company and its legal representatives by email to set a mutually available hearing date.
A representative for Orsted (the company identified in the transcript) told commissioners the company can make any time work, subject to its witnesses' availability.
Next steps: staff will circulate proposed hearing dates to commissioners and to the company, select a hearing date and publish required notice. No final decision on the waiver was made at the meeting; the matter will be considered at the forthcoming public hearing.
